Planning and zoning department staff report

DESOTO COUNTY

PLANNING AND ZONING DEPARTMENT STAFF REPORT

REQUEST: SE 2014-08
PROPERTY OWNER: Iglesia Christiana Paco de Fe
APPLICANT: Same
AGENT: Derman Fuentes
PROPERTY: 06-38-25-0204-02330-0010

TOTAL PARCEL SIZE: 2.1+/- acres
ZONING DISTRICT: Residential Multile-Family-Mixed (RMF-M)
FUTURE LAND USE DESIGNATION: Low Density Residential
SUBMITTAL REVIEWED: Special Exception application received 07/15/2014
PROPOSED REQUEST:

Iglesia Christiana Paco de Fe is requesting a Special Exception to allow the intensification of an existing Church by constructing a 1,500 square foot playground in the Residential Multi-Family-Mixed (RMF-M) zone district. The property is 2.1+/- acres in size and is located at 1218 SE Hillsborough Avenue, between SE Olive and SE Hargrave Streets in Arcadia, FL. The property is in Section 06, Township 38, Range 25 in DeSoto County (Map 1). The County is concurrently reviewing a plot plan for the addition of the playground to the Church property.

REQUIRED NOTIFICATIONS:

Notification postcards were sent to property owners within 400 feet of the subject property and the property was posted with a sign indicating the time, date, and location of the public hearing. The public hearing on this item was advertised in the newspaper, as required.

CORRESPONDENCE:

There has been no correspondence received in support or opposition to the requested Special Exception.

PLANNING COMMISSION RECOMMENDATION:

This request is scheduled to be heard by the Planning Commission on August 5, 2014, at 5:30 pm for a recommendation to the Board of County Commissioners (August 26, 2014).

PROJECT SITE

MAP 1 - Location
DISCUSSION OF REQUEST:

Section 2306 of the LDRs allows for a house of worship in the RMF-M zone districts by Special Exception; however, any changes in use or additions to the originally approved use require a special exception. The property is currently developed with the Iglesia Christiana Paco de Fe church and club house. The ministry has been in this location for about 50 years and predated the current zoning. The church complex was developed Over the ensuing years the church complex was developed (Church – 1945 and club house – 1988). As mentioned above the proposed play ground, being an additional use not previously covered, requires a Special Exception.

More detail regarding the review is below.


Land Development Regulations Review:
LDR Section 12304(A) (1).

Compliance with all elements of the Comprehensive Plan.

Staff Finding:

The applicant has prepared the Special Exception application, plot plan, and documents consistent with regulations. No change to Future Land Use designation or to zoning designation is requested. No concurrency issues arise, due to the type of use requested.
LDR Section 12304(A) (2).

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.

Staff Finding:

Ingress/egress to the property is currently provided from two ingress and egress points off of SE Hillsborough Avenue and would continue in the future. If needed additional emergency access would be provided via SE Live or SE Hargrave Streets (Map 2).
LDR Section 12304(A) (3).

Off-street parking and loading areas, where required, with particular attention to the items in 2, above and economic, noise, glare or odor effects of the Special Exception on adjoining properties and properties generally in the district.

Staff Finding:

Currently grass parking areas (Map 2) are provided on site and supply ample parking. It is not anticipated that the addition of a 1,500 square foot playground would increase parking demand; however, the church owns additional property proximate to the church and could supply overflow parking. The location of the playground is not adjacent to any residential units and would not generate any adverse affects on adjacent or surrounding properties.
LDR Section 12304(A) (4).

Utilities, with reference to locations, availability and compatibility.

Staff Finding:

The site currently has a well water and septic system. hook-up to the utilities when they become available in late 2016 or early 2017. No unplanned expansion of utilities is necessary.


PROPOSED

PLAYGROUND


MAP 2 – Site Plan
LDR Section 12304(A) (5).

Screening and buffering with reference to type, dimensions and character.

Staff Finding:

The proposed fenced playground would be located in a cluster of trees in the southeast corner of the church/club house site. This would provide adequate buffering to the residents located to the east and to the south across SE Hargrave Street of the site (see Picture 1).



PICTURE 1

LDR Section 12304(A) (6).

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district.

Staff Finding:

No signs are proposed at this time. Future signs are required to meet the specifications of Article 9, Section 9100.
LDR Section 12304(A) (7).

Required yards and other open space.

Staff Finding:

The site is currently developed and the proposed fenced playground will meet zone district (RMF-M) setback requirements and does not require additional open space.
LDR Section 12304(A) (8).

General compatibility with adjacent properties and other property in the district.

Staff Finding:

The Church has been providing worship services for about 50 years. Over time a club house has been added to the church. Properties adjacent to the subject property are generally residential to the north across SE Olive Street, east across SE First, and south across SE Hargrave Street. The rodeo grounds are located to the west across Hillsborough Avenue (Map 3). The proposed use is permitted in the CG zone district by Special Exception. The Church proposes to have its activities after business hours; therefore, the proposed use should not adversely affect adjacent properties.

LDR Section 12304(A) (9).

Any special requirements set out in the Schedule of District Regulations for the particular use involved.

Staff Finding:

Churches and ancillary uases are permitted by Special Exceptions in all Zoning Districts.
LDR Section 12304(A) (10).

Public and private utilities, structures, or uses required for public or private utilities, including but not limited to wastewater, gas, electric, and telephone utilities, sanitary landfills, and radio and television stations and towers may be permitted only as a special exception unless determined by the Board to be essential service. In addition to

Items 1 through 9 above, the review of the request for a special exception shall include consideration of a plot plan showing all improvements or alterations that are proposed for the utilities or facilities. The proposed location of such utilities or facilities shall be such as not to be injurious to the health, safety, and welfare of the public or surrounding property owners, and shall protect the character of the surrounding property and maintain the stability of residential, commercial, manufacturing, agricultural, educational, cultural, and recreational areas within the county. The public benefit to be derived, the need for the proposed facilities, the existence of suitable alternative locations, potential impacts to surface or ground water drinking supplies, and whether the facility can properly be located on the site and in the development which it is to service shall also be taken into consideration where appropriate. Conditions in the form of screening, landscaping, or other site development restrictions may be imposed to protect the health, safety and welfare and to the public or surrounding property owners.
Staff Finding:

As mentioned above the property has on-site water and septic service with future potential for hook-up to County utilities.


PROJECT SITE


MAP 3 – Area Development
LDR Section 12304(A) (11).

The proposed use shall not act as a detrimental intrusion into the surrounding area.

Staff Finding:

The property has been in a church use prior to the adoption of zoning in the county. Properties across SE Hillsborough Avenue make up the rodeo grounds and are used intermittently (Map 4). Properties to the north, east and south are zoned residential, but are distant from the proposed playground. As indicated earlier the proposed playground would not generate additional traffic to the site and in the immediate area. As shown on Map 5 – FLUM the land use designation is Low Density Residential; however, the intensified use of the property, with the addition of the playground, is compatible with the land use designation and would not intrude on the surrounding area because its intensity, duration and location.




MAP 4 – Area Zoning



MAP 5 – FLUM
LDR Section 12304(A) (12).

The proposed use shall meet the performance standards of the district in which the proposed use is permitted.

Staff Finding:

None of the uses listed are part of the application request.
STAFF REVIEW

Staff review has determined that this application, SE 2014-06 as submitted, is consistent with the Comprehensive Plan and Land Development Regulations contingent upon the following condition:

RECOMMENDED CONDITIONS FOR APPROVAL:

1. 
   The applicant must obtain all development permits (Development and Improvement Plans before site improvements can be initiated.
   

PUBLIC HEARING SCHEDULE

DeSoto County Planning Commission	Planning Commission Recommendation
Tuesday, August 5, 2014

Board of County Commissioners	Final Disposition
Tuesday, August 26, 2014

Thomas A. Cookingham July 18, 2014

Presented by DATE

Thomas A. Cookingham

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